Washington Insights & Highlights August 1st
*The WIH Newsletter will be on hiatus until September
Congress Passes Appropriations Bills Before August Recess
In the last week, the Senate Appropriations Committee passed 11 of the 12 fiscal year (FY) 2025 spending bills. The committee passed the FY 2025 Commerce, Justice, Science, and Related Agencies (CJS) bill, which includes funding for several federal research agencies, including the National Science Foundation (NSF). Specifically, the CJS bill funds NSF at $9.5 billion, a $490 million increase from FY 2024. The committee also passed the Labor-HHS-Education bill, which includes funding for the U.S. Department of Education and the National Institutes of Health. The bill funds the Department of Education at $80 billion, $50.2 billion for NIH, and $1.5 billion for ARPA-H.
The House of Representatives was able to pass five spending bills before adjourning, despite not having passed bills that fund higher education and scientific research programs. The House will revisit appropriations bills that affect higher education including the CJS; Energy-Water; and the Labor HHS-Education once they return in September. The CJS appropriations bill proposes $9.3 billion for NSF, a $198 million increase from FY 2024. The Energy-Water appropriations bill proposes $8.4 billion for the Department of Energy’s Office of Science, a $150 million increase from FY 2024. The Labor HHS-Education bill proposes $72 billion for the Department of Education, which is $11 billion below the FY 2024 funding levels. The bill proposes zeroing out funding for Graduate Assistance in Areas of National Need (GAANN) and Child Care Access Means Parents in School (CCAMPIS) programs.
For more information on FY 2025 appropriations, please view CGS’s Budget and Appropriations webpage and the FY25 Funding for CGS Programs of Interest document.
U.S. Department of Education Proposed Rule to Amend Regulations on Distance Education, Title IV, and TRIO Programs
The U.S. Department of Education recently issued a proposed rule to amend regulations governing distance education, the Return of Title IV Funds (R2T4), and Federal TRIO programs. These proposed regulatory changes are the result of a negotiated rulemaking process that took place earlier this year. In terms of distance education, the proposed rule adds a new category to the definition of “additional location.” The proposed rule would expand the definition to include “virtual locations, through which institutions offer 100 percent of an educational program by distance education or correspondence courses.” In addition to redefining additional location, the proposed rule also amends the definition of academic year and clock hours and proposes requiring institutions to report enrollment for distance education courses. The proposed rule would also prohibit Title IV funds from being applied to clock hour programs. In terms of Return of Title IV Funds, the proposed rule revises reporting requirements for student attendance, withdrawals, and repayment of Title IV funds if a student does not begin attendance in the payment or enrollment period.
All comments on the proposed regulations are due August 23, 2024. To learn more about the proposed regulations visit the Department of Education’s webpage.
White House Issues Guidelines for Research Security Programs
The White House Office of Science and Technology Policy (OSTP) recently issued guidelines on research security programs. In the July 9th memorandum, OSTP Director Arati Prabhakar, directed “federal research agencies to require certain institutions of higher education (covered institutions) to certify to the funding agency that the institution has established and operates a research program.” A covered institution is defined as an institution that receives federal science and engineering support in excess of $50 million per year. Covered institutions are required to certify that their security programs include elements relating to: (1) cybersecurity; (2) foreign travel security; (3) research security training; and (4) export controls. These guidelines are in accordance with the National Security Presidential Memorandum-33 and certain provisions from the CHIPS and Science Act of 2022.
NIH Seeks Feedback on the Postdoctoral Experience
On July 25, the National Institutes of Health (NIH) issued a Request for Information (RFI) on Recommendations on Re-Envisioning U.S. Postdoctoral Research Training and Career Progression. In December 2023, the Advisory Committee to the NIH Director (ACD) issued a report on re-envisioning the postdoctoral experience. This RFI is requesting input from the biomedical and higher education communities on how best to implement the recommendations found in the ACD report. Specifically, the NIH is requesting feedback on the time a postdoctoral scholar can be supported on NIH funds and the promotion of training and professional development opportunities for postdoctoral fellows and their mentors. For more information, please read the NIH press release. Public comments must be submitted electronically by October 23, 2024.
U.S. Supreme Court Overturns the Chevron Doctrine
In June 2024, the U.S. Supreme Court overturned the 40-year-old Chevron doctrine. In the 1984 ruling in Chevron U.S.A., Inc. v. Natural Resources Defense Council, the U.S. Supreme Court ruled that courts should defer to federal agencies’ interpretations of ambiguous federal laws when considering legal challenges. In a 6-3 decision (Loper Bright Enterprises v. Raimondo and Relentless), the current U.S. Supreme Court ruled that courts no longer have to defer to federal agencies reasonable interpretations of federal laws. In the majority opinion, Chief Justice John Roberts said, “Agencies have no special competency in resolving statutory ambiguities. Courts do.” In the dissenting opinion, Justice Elena Kagan called the majority ruling, “judicial hubris” and gave examples of technical questions that she feels judges are ill-equipped to answer. Recently, Senator Elizabeth Warren (D-MA) and ten other senators introduced legislation that would reverse the Supreme Court’s decision, and once again give deference to federal agencies. The overruling of the Chevron doctrine could have broad implications for federal regulations impacting the higher education community.